My World Child Development Pty Ltd

[2013] FWCA 6898

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

My World Child Development Pty Ltd
(AG2013/9201)

MY WORLD CHILD DEVELOPMENT ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER WILLIAMS	PERTH, 12 SEPTEMBER 2013

Application for approval of the My World Child Development Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the My World Child Development Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by My World Child Development Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, My World Child Development Pty Ltd, sought approval of the My World Child Development Enterprise Agreement 2013 from the Fair Work Commission. The respondent, Australian Services Union (ACTU), represented the employees. The matter arose from the requirement for the enterprise agreement to be approved by the Fair Work Commission to have effect. The central dispute was whether the agreement met the necessary standards under the Fair Work Act 2009.

The primary legal issues the court had to address were whether the agreement was in compliance with the provisions of the Fair Work Act 2009, particularly concerning minimum entitlements, and whether it had been made in good faith. The court had to scrutinise the agreement's provisions to ensure they provided for minimum entitlements and were not contrary to public policy. Additionally, the court needed to determine if the agreement had been made without any coercion or undue influence.

In evaluating the agreement, the court found that it met the statutory requirements under the Fair Work Act 2009. The agreement contained provisions that provided for minimum entitlements and were not contrary to public policy. The court determined that the agreement was made in good faith and without any coercion or undue influence. Consequently, the Fair Work Commission approved the enterprise agreement.

The final orders of the Fair Work Commission were that the My World Child Development Enterprise Agreement 2013 be approved and registered. The agreement was to be effective from the date of the approval and would govern the terms and conditions of employment for the employees of My World Child Development Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established